Many landlords get frustrated and befuddled by the lengthy and time-consuming process of evicting a tenant in California who, for example, isn’t paying the rent or has trashed the property. If you’re busy working a job and also overseeing your property, or if you have many rental properties, it might be a good idea to let a professional law firm handle the job of evicting tenants.
The eviction process entails detailed paperwork, serving of documents, standing in line at the court and mean court appearances in front of an eviction Judge and possible unpleasant blow-ups and confrontations with stubborn tenants. In some cases it may even entail a lawsuit being filed in court which is called an Unlawful Detainer. If you let a law firm handle the eviction process and get tenants out as fast as legally possible, it may spare you stress and precious time.
If the tenant has seriously violated the lease, damaged the property or failed to pay rent, a landlord can resort to a three-day eviction process.
“A 3-Day Notice to Pay Rent or Quit California Eviction Notice is used to give any tenant notice that they owe rent for a certain period of time and they must either pay the rent due within 3 days or vacate the property within 3 days. If the tenant does not comply with the notice, an Unlawful Detainer action will have to be filed so that the owner may regain possession of the property. If the tenant chooses to vacate the property within the three days, the owner can still file a small claims or civil complaint against the tenant for the unpaid rent. This 3-Day Eviction Notice is usually served on a tenant after the rent has become late according to the rental agreement; usually rent is due on the first day of the month and late on the second, so the notice could be served as early as the 2nd day of the month, however, very specific rules apply when the rent due date falls on a Saturday, Sunday or Court Holiday. In these situations, it is best to call our office for professional help.”
If the problem with a tenant involves a breach of the lease terms, then a three-day notice-to-conform covenant can be issued. Express Evictions’ website explains:
“A 3-Day Notice to Perform Covenant is used to give a tenant who is on a written rental agreement notice that they have breached their contract in some manner and that breach needs to be cured. This Eviction Notice can be used to ask for late fees as long as there is a clause in the written agreement that can be cited. This notice can also be used for a non-paid security deposit, an unauthorized pet, or a utility payment that is due. As long as there is a clause in the written agreement that can be cited, this notice can be used to give the tenant notice of the breach in contract and how the tenant needs to cure the breach. The tenant is must comply with the notice within 3 days, or legal action may be taken.”
If the lease is month-to-month and the tenant has been there less than a year, landlords can serve a 30-day notice to terminate tenancy. The tenant must move out by the end of the 30 days. Landlords can evict without cause in these processes in most California cites. Please note that many cities now do not allow a “No Cause Eviction”. Some of these cities are Los Angeles, Santa Monica, San Francisco, San Diego, Oakland, and San Jose, Hayward and there may be others and many other cities are implementing these types of ordinances in the future.
Our website states:
“If the tenants do not vacate the property by the expiration of the notice, an Unlawful Detainer action will have to be filed so that the owner may regain possession of the property. The owner does not have to specify a reason for the notice on the notice or otherwise, good cause is not an issue unless it is a Just Cause city.”
A 60-day notice to terminate is similar, but it is for landlords who want to evict tenants who are on a month-to-month lease and have been on the property for more than a year. Again, landlords need not specify why they want the tenant to move out.
The 90-day notice to terminate tenancy is a bit different. This notice is for Section 8 units in both rent-control and non-rent-control jurisdictions. As our website states:
“The tenant or tenants who were the beneficiaries of the contract or recorded agreement shall be given at least 90 days’ written notice of the effective date of the termination and shall not be obligated to pay more than the tenant’s portion of the rent, as calculated under the contract or recorded agreement to be terminated, for 90 days following receipt of the notice of termination of nonrenewal of the contract. If the tenants do not vacate the property by the expiration of the notice, an Unlawful Detainer action will have to be filed so that the owner may regain possession of the property.”
But even here, if the tenant violated some part of the rental agreement or failed to pay rent, the landlord may opt for the three-day eviction notice to evict Section 8 tenants. This notice tells tenants to pay the rent or cease the prohibited behavior or move out.
Some of the reasons for evictions with cause include:
- Failure to pay the rent
- Violation of a covenant of the rental agreement (such as getting an unauthorized pet or moving additional people into the rental unit without authorization)
- Refusing the landlord access as required for inspections and repairs
- Performing illegal acts on the premises
- Intentional damage of the rental unit
- Interference with the quiet enjoyment of other tenants and neighbors
You can spare yourself the hassle of studying California eviction laws and finding out how to execute the eviction process by hiring an experienced law firm to handle the job at a reasonable price.
Express Evictions can do all the paperwork and any necessary court filings and paying of fees and process servers for a low price. (See our FAQ for what all is covered.) Given how much time and hassle an eviction can entail, hiring our firm is a great deal. Landlords can just hand the case off to us and kick back with a sense of relief that they won’t have to spend hours on the phone and at the courthouse to get a freeloading or destructive tenant off the property.
For professional assistance in evicting a tenant in California, contact us today.